Religious Freedom Restoration Act Advances in Iowa Senate

Iowa’s version of the Religious Freedom Restoration Act (RFRA) survived the first funnel week of the 2018 legislative session. SSB 3171, sponsored by State Senator Julian Garrett (R-Indianola) was passed out of the Iowa Senate Local Government Committee by a 7 to 4 vote Wednesday evening.

The bill seeks to “restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972), and to guarantee its application in all cases where the free exercise of religion is substantially burdened by state action.”

The bill is meant to be interpreted as consistent with the federal Religious Freedom Restoration Act of 1993 that was passed with bipartisan support in Congress and signed by President Bill Clinton.

The goal is to ensure that Iowan’s religious freedom and right to conscience is protected and to give Iowans a defense should those rights be infringed by the state.

The bill reads:

Government shall not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person’s exercise of religion is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

It states the recourse Iowans should have if the state takes such action:

A person whose exercise of religion has been burdened in violation of this chapter may assert such violation as a claim or defense in a judicial or administrative proceeding and obtain appropriate relief.

Shane Vander Hart is the founder and editor-in-chief of Caffeinated Thoughts. He is also the President of 4:15 Communications, LLC, a social media & communications consulting/management firm. Prior to this Shane spent 20 years in youth ministry serving in church, parachurch, and school settings. He has also served as an interim pastor and is a sought-after speaker and pulpit fill-in. Shane has been married to his wife Cheryl since 1993 and they have three kids. Shane and his family reside near Des Moines, IA.